How Much Time Will I Really Serve in Federal Prison?
There is no easy answer to this question.
It really depends on what the sentencing provisions are for the crimes that are the basis for your convictions.
How much time can you get? There could be minimum mandatories on some or all of the crimes.
There could be enhancements, things that increase punishments, like the use of a firearm in the commission of a felony, or like drug trafficking.
Some enhancements, increases in punishment, cannot be served at the same time you are serving other sentences.
They have to follow the other sentences.
Therefore you won't get deductions for serving good time or for programs and you won't get into a Community Center (halfway house) until you get close to finishing the increase.
You do get "time served", that is time you have been in prison waiting for your criminal case to end, if you are being held by the court that has your criminal case.
If you are being held on something else, like a state criminal case, the federal court may not recognize "time served" when you are sentenced.
You have to be held by the federal court that has your federal case to be credited for the time you are waiting to resolve that federal case and you have to be held on that case.
In other words, if you are held in a federal detention center waiting for trial on your federal case, but you are being held, for instance, on a probation violation and not technically on the federal case that caused the probation violation, you may not get credit for time served when you are sentenced on the new federal case.
In a case like this, you would probably try and get the probation violation and the federal case resolved at the same time or get any sentences imposed on both to run at the same time.
If you have state cases and federal cases, you have to be very careful to be sentenced in the state court after you are sentenced in the federal court.
A state court will consider running the state sentence concurrently or during the time you are serving the federal sentence but the federal court will not run their sentence concurrently or while you are serving time on a state sentence.
So you would have to "wrap up" or finish serving your state sentence before you begin serving your federal sentence.
That means you could be serving a sentence far greater than you have anticipated serving for crimes that are identical when you have been charged both in federal court and state court.
(which can happen even though it seems unfair) Under the Second Chance Act the Bureau of Prisons can automatically deduct 54 days per year off your total sentence.
This is usually calculated when you arrive at the federal prison where you will be serving your time.
Currently, they are only deducting 47 days per year.
The Bureau of Prisons has stated that they have not put into effect the 54 day per year deduction because they have not yet written and put into effect policies to use the 54 day per year calculation.
The Bureau of Prisons can also release you to a Community Center (halfway house) with either 12 months left to serve on your sentence or 6 months to serve on your sentence.
Once again, although the Second Chance Act allows the Bureau of Prisons to release you to a Community Center or halfway house with 12 months left in your sentence, they have generally not put that into effect for the same reasons.
It really depends on what the sentencing provisions are for the crimes that are the basis for your convictions.
How much time can you get? There could be minimum mandatories on some or all of the crimes.
There could be enhancements, things that increase punishments, like the use of a firearm in the commission of a felony, or like drug trafficking.
Some enhancements, increases in punishment, cannot be served at the same time you are serving other sentences.
They have to follow the other sentences.
Therefore you won't get deductions for serving good time or for programs and you won't get into a Community Center (halfway house) until you get close to finishing the increase.
You do get "time served", that is time you have been in prison waiting for your criminal case to end, if you are being held by the court that has your criminal case.
If you are being held on something else, like a state criminal case, the federal court may not recognize "time served" when you are sentenced.
You have to be held by the federal court that has your federal case to be credited for the time you are waiting to resolve that federal case and you have to be held on that case.
In other words, if you are held in a federal detention center waiting for trial on your federal case, but you are being held, for instance, on a probation violation and not technically on the federal case that caused the probation violation, you may not get credit for time served when you are sentenced on the new federal case.
In a case like this, you would probably try and get the probation violation and the federal case resolved at the same time or get any sentences imposed on both to run at the same time.
If you have state cases and federal cases, you have to be very careful to be sentenced in the state court after you are sentenced in the federal court.
A state court will consider running the state sentence concurrently or during the time you are serving the federal sentence but the federal court will not run their sentence concurrently or while you are serving time on a state sentence.
So you would have to "wrap up" or finish serving your state sentence before you begin serving your federal sentence.
That means you could be serving a sentence far greater than you have anticipated serving for crimes that are identical when you have been charged both in federal court and state court.
(which can happen even though it seems unfair) Under the Second Chance Act the Bureau of Prisons can automatically deduct 54 days per year off your total sentence.
This is usually calculated when you arrive at the federal prison where you will be serving your time.
Currently, they are only deducting 47 days per year.
The Bureau of Prisons has stated that they have not put into effect the 54 day per year deduction because they have not yet written and put into effect policies to use the 54 day per year calculation.
The Bureau of Prisons can also release you to a Community Center (halfway house) with either 12 months left to serve on your sentence or 6 months to serve on your sentence.
Once again, although the Second Chance Act allows the Bureau of Prisons to release you to a Community Center or halfway house with 12 months left in your sentence, they have generally not put that into effect for the same reasons.
